Shop Your Way Shades Sweepstakes
Official
Rules
NO
PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR
PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Shop Your Way (“SYW”) “Shades
Sweepstakes” (the “Sweepstakes”) is open only to individuals
who at the time of entry are: (i) legal residents of the fifty (50) United
States and the District of Columbia; (ii) at least eighteen (18) years old; and
(iii)a Shop Your Way Email Member (members who have provided Sponsor with a
valid email address and are currently opted in to receive promotional emails
from Shop Your Way). To
become a Shop Your Way member at no cost, visit http://www.shopyourway.com.
Employees of Sears Holdings Management Corporation, and its direct and indirect
subsidiaries who hold a position of Divisional Vice President (e.g., Vice
Presidents, Senior Vice Presidents, etc.) or higher as well as their immediate
family (spouse, parents, siblings and children) and household members of each
such employee are not eligible to enter or win. Sponsor’s employees must
be in good standing as determined by Sponsor’s human resources department
at the time of entry and prize award.
The
Sweepstakes is subject to all applicable federal, state, and local laws and
regulations and is void where prohibited. Participation constitutes
entrant’s full and unconditional agreement to these Official Rules and
Sponsor’s decisions, which are final and binding in all matters related
to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements
set forth herein.
2. Sponsor: Sears Holdings Management Corporation, 3333 Beverly Rd., Hoffman
Estates, IL 60179.
3. Timing: The Sweepstakes begins on October 9, 2018
at 12:00:01 am Central Time (“CT”) and ends on November 14, 2018 at
11:59:59 CT (the “Promotion Period”).
4.
How to Play: During
the Promotion Period, (i) Visit http://www.shopyourway.com/sweeps
and log into the “Sweeps” application on SYW. Select the
Sweepstakes banner, click “Get Started Now” accept these Official
Rules and our privacy policy; and (ii) Select one (1) pair of Sunglasses that
appears in the catalogue that has an advertised minimum value between one
hundred dollars ($100) and up to an advertised maximum value of three hundred
dollars ($300) that you want to win, subject to availability and retail prize
verification at Sponsor’s sole discretion. Complete these foregoing steps
(collectively, i and ii) to receive one (1) entry into the Sweepstakes (“Sweepstakes Entry”).
Additional
Sweepstakes Entries: Once entrants complete the Sweepstakes Entry Method described
above, each entrant may earn up to three hundred forty-five (345) total
additional Sweepstakes entries (“Additional Sweepstakes Entries”)
during the Promotion Period as follows:
·
Enter
Sweeps Code From Win Club Group Facebook Page (Earn up to eleven (11) Sweepstakes
Entries): Go to https://www.facebook.com/groups/yourwinclub/
and obtain up to eleven (11) Sweeps Codes. Click the “Sweepstakes”
page on the left- hand navigation of SYW and expand the entry by hitting the
“>” button to select this Sweepstakes, enter a Sweeps Code into
the "Enter Sweeps Code" field, and click the "Go" button to
receive one (1) Additional Sweepstakes for each Code you submit. You will
only receive one (1) Additional Sweepstakes Entry regardless of how many times
you enter the same Sweeps Code.
·
Enter Sweeps Code (Earn one (1) Additional Sweepstakes Entry): Once you successfully
enter the Sweepstakes by completing the Entry method as described above, a
confirmation email will be sent to the email address associated with your Shop
Your Way account. The confirmation email will contain a "Sweeps Code"
as well as a link back to the Game. Either copy and paste that URL into your browser
or click on the link. Then, enter the Sweeps Code into the "Enter Sweeps
Code" field, and click the "Go" button to receive one (1) Additional
Sweepstakes Entry. You will only receive one (1) Additional Sweepstakes Entry
regardless of how many times you enter the same Sweeps Code. If you have not
received the Sweeps Code at the email address associated with your SYW account
within twenty-four (24) hours of entry, please contact us at Sweeps@searshc.com
·
Answer up to five (5) Poll Questions
(Earn one (1) Additional Sweepstakes Entry): Answer up to five (5) Poll Questions to receive one (1)
Additional Sweepstakes Entry. You will only receive one (1) Additional
Sweepstakes Entry regardless if you answer up to five (5) Poll Questions. Your
answer(s) will not be judged.
·
Share the Sweepstakes on Facebook (Earn
one (1) Additional Sweepstakes Entry):
Click the “Sweepstakes” page on the left-hand navigation of SHOP
YOUR WAY. Select this Sweepstakes and expand the entry by hitting the
“>” button. Choose the “Facebook” icon found on the
bottom right-hand corner, and sign onto your account using your Facebook login
information. After the link loads in the pop-up window—and you are
satisfied with all the fields—hit the “Share Link” button to
add to your Facebook feed. You will
only receive one (1) Additional Sweepstakes Entry for sharing the Sweepstakes
on Facebook regardless of how many times you share the Sweepstakes.
·
Share the Sweepstakes on Twitter (Earn
one (1) Additional Sweepstakes Entry):
Click the “Sweepstakes” page on the left-hand navigation of SHOP
YOUR WAY. Select this Sweepstakes and expand the entry by hitting the
“>” button. Choose the “Twitter” icon found on the
bottom right-hand corner, and sign onto your account using your Twitter login
information. After the link loads in the pop-up window—and you are
satisfied with all the fields—hit the “Share Link” button to
add to your Twitter feed. You will only receive one (1) Additional Sweepstakes
Entry for sharing the Sweepstakes on Twitter regardless of how many times you
share the Sweepstakes.
·
Watch a Video (Earn one (1) Additional
Sweepstakes Entry): Watch the video that
appears in the pop-up screen and click “Continue” to receive one
(1) Additional Sweepstakes Entry. You must watch the entire Video in order for
the “Continue” button to appear. You will receive only one (1)
Additional Sweepstakes Entry regardless of how many times you watch the Video.
·
Referral Boost (Earn up to twenty-five (25) Additional
Sweepstakes Entries): You will receive one (1) Additional Sweepstakes
Entry for each eligible person that successfully enters the Sweepstakes using
your unique URL. To access your unique URL for this Sweepstakes, click the
“Additional Entries” button. A menu will then appear with a box
that states “Your Unique URL” and a hyperlink. This hyperlink is
your unique URL. Copy and paste this URL into any external website, email,
social media channel, or blog to send/share with your friends. You must have a
personal relationship with any person you email or directly contact with your
unique URL. You will receive one (1) Additional Sweepstakes Entry for each
eligible user that successfully enters the Sweepstakes during the Promotion
Period using your unique URL. Limit of twenty-five (25) total Additional
Sweepstakes Entries via Referral Boost, regardless of how many people enter the
Sweepstakes via your unique URL and regardless of the method used to
refer.
·
Play the “Shop Your Way Throwing Shades Instant
Win Game” (Earn up to three hundred four (304) Additional Sweepstakes
Entries): During the Promotion Period, you will have
the opportunity to play the “Shop Your Way Throwing Shades Instant Win
Game” each day during the Promotion Period. Once you play the “Shop
Your Way Throwing Shades Instant Win Game” as a Primary Entry you will
receive one (1) Additional Sweepstakes Entry for each Primary Play you receive
in the Game up to two hundred twenty-two (222) Additional Sweepstakes Entries. Each
time you play the “Shop Your Way Throwing Shades Instant Win Game”
as a Bonus Game Play, you will receive one (1) Additional Sweepstakes Entry for
each Bonus Game Play you receive in the Game up to eighty-two (82) Additional
Sweepstakes Entries. For
complete “Shop Your Way Throwing Shades Instant Win Game” Official
Rules, click
https://sears-rws-promotionengine.azurewebsites.net/rules/tier/97f68c2a-bf624514-bbd1-b3ed2f1046c5.
If
the Sweepstakes permits an Entry or Additional Sweepstakes Entries by sharing
the Sweepstakes on Facebook and/or Twitter, such share must include the hashtag
#Sweepstakes in order to be eligible for the Sweepstakes. Entries via a share method that do not
include the required hashtag will not receive Entry or Additional Sweepstakes
Entry into the Sweepstakes. Individuals (and his/her entries) that do not
include the hashtag #Sweepstakes in their Facebook and/or Twitter share may be
disqualified, as determined by Sponsor in its sole discretion.
Multiple
entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated
number of entries by using multiple/different email addresses, identities,
registrations and logins, or any other methods may void that entrant's entries
and that entrant may be disqualified, in Sponsor’s discretion. Use of any
automated system to participate is prohibited and may result in
disqualification, in Sponsor’s discretion. In the event of a dispute as to any
registration, the authorized account holder of the SYW account used to register
will be deemed to be the entrant.
The “authorized account holder” is the natural person assigned
to the SYW account. Potential winner may be required to show proof of being the
SYW account holder.
One
(1) Shop Your Way account per person. You
shall only enter this Sweepstakes via your SYW account and cannot enter this,
or any other SYW sweepstakes, game, or contest on behalf of any other
person/account holder and no other person can enter for you. If it is
discovered that you have entered this, or any other, SYW sweepstakes, game, or
contest via another member’s SYW account or another SYW member has
entered this, or any other, SYW sweepstakes, game, or contest using your SYW account,
such individuals shall be disqualified and any and all points and prizes shall
be forfeited by both parties (all as determined by Sponsor in it sole
discretion). You are entitled to only one SYW Member Number and one SYW Points
account. If you have more than one (1) SYW account, Sponsor may, in its sole
discretion, combine your accounts into one SYW Points account. Sponsor also
reserves the right to close accounts at any time in its sole discretion.
Limit: Limit one (1) Sweepstakes Entry per
day per person/SYW account during the Promotion Period. Limit up to thirty-seven
(37) Sweepstakes Entries per person/SYW account during the Promotion Period. Limit
up to three hundred forty-five (345) Additional Sweepstakes Entries per
person/Shop Your Way Member during the Promotion Period. For purposes of these
Official Rules, a “Day” begins at 12:00:01 am CT and ends at
11:59:59 pm CT the same calendar day.
No purchase of any
product is necessary.
Your opinions of any
product or brand should accurately and honestly reflect your thoughts and
experiences regarding that product. As used herein, “Content”
refers to all information, materials or content you
may submit in connection with the Sweepstakes, if any. Content will not be
judged.
Entrants
represent and warrant that their Content is the original work of such entrant,
it has not been copied from others, it has not previously won awards, it does
not violate the rights of any other person or entity, and publication of the
Content via various media including Web posting will not infringe on the rights
of any third party. Any Entrants
indemnify and hold harmless, Released Parties (as defined in Section 7 of these
Official Rules) from any claims to the contrary.
By submitting Content, you agree that your Content is gratuitous
and made without restriction, and will not place Sponsor under any obligation,
that Sponsor is free to use or otherwise disclose the ideas contained in the
Content on a non-confidential basis to anyone or otherwise use the ideas
without any additional compensation to you. You acknowledge that, by acceptance
of your Content, Sponsor does not waive any rights to use similar or related
ideas previously known to Sponsor, or developed by its employees, or obtained
from sources other than you.
All
Content submitted by you must conform to the additional submission requirements
set forth herein:
CONTENT
POSTED TO THE WEBSITE OR THE YOUTUBE WEBSITE IS NOT EDITED BY SPONSOR AND ARE
THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF
SPONSOR IN ANY MANNER. Any waiver
of any obligation hereunder by Sponsor does not constitute a general waiver of
any obligation to entrants. Sponsor
reserves the right to waive the Contest submission requirements set forth
herein in its reasonable discretion.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY
AND CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE OR ELSEWHERE ON THE INTERNET
AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. Submission of Content grants Sponsor and
its agents an unlimited, worldwide, perpetual, license and right to publish,
use, publicly perform the Content in any way, in any and all media, without
limitation, and without consideration to the entrant.
5. Drawing: Sponsor will randomly select one (1) potential Grand Prize Winner from
all eligible entries received on or around November 15, 2018. The potential Prize
Winner will be notified by a newsfeed story, on http://www.shopyourway.com/tag/sweeps-on-shop-your-way/1863996, and/or by email. Odds
of winning a prize depend on the number of eligible entries received.
Potential Grand Prize
Winner is subject to verification. If the
potential Grand Prize Winner is found not to be eligible or not in compliance
with these Official Rules, if attempted notification or a prize is returned as
undeliverable, if any required documents are not returned within the required
number of days, if the winner cannot be verified, or if the winner is otherwise
unable or unwilling to accept and claim the prize as stated, then the prize may
be forfeited. In
the event that the first potential Grand Prize Winner is disqualified for any
reason, the Sponsor reserves the right (in its sole and absolute discretion) to
award the prize to an alternate winner. Alternate potential Prize Winner will be
notified via email and/or telephone. Alternate Potential Prize Winner must
respond to winner notification within forty-eight (48) hours of the time
notification is sent. If the alternate Potential Grand Prize Winner responds
that she/he is prepared to accept the prize, she/he will be required to fully
complete, sign and timely return an unaltered Affidavit of
Eligibility/Liability Release provided by Sponsor, and, where lawful, an
unaltered Publicity Release within three (3) days of the date Sponsor sends
such Affidavit and Release. Failure by the alternate Potential Prize Winner to
respond within the forty-eight (48) hour time period and/or failure to sign and
return an unaltered Affidavit of Eligibility/Liability Release within three (3)
days may result in disqualification and forfeiture of any prize. Sponsor will provide the Grand
Prize Winner with a W-9 which winner must complete and return to Sponsor for
tax reporting purposes or prize may be forfeited, in Sponsor’s sole
discretion. Grand Prize Winner may be issued an IRS 1099 form. If the Grand Prize
is won by an eligible entrant who is a
minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all
required documents, if any.
Receiving a prize is contingent upon compliance with these Official
Rules. Please allow 4-6
weeks for shipment of the Grand Prize after
confirmation.
6. One (1) Grand Prize: One
(1) Winner will receive the one (1) pair
of Sunglasses that he/she selected in the pop-up screen required for
entry that has an advertised minimum value between one hundred dollars ($100)
and an advertised value up to a maximum of three hundred dollars ($300). The
Grand Prize product awarded will be designated by Sponsor, is subject to
availability and retail price verification and at Sponsor’s discretion.
Once the Grand Prize Winner’s pair of Sunglasses is ordered by Sponsor,
Grand Prize Winner cannot make any changes. Sponsor
reserves the right to dispute the stated
retail value of the pair of Sunglasses selected that is not sold at any Sears
Store or Kmart Store, or online at sears.com or kmart.com. In the event of a
dispute of the pair of Sunglasses listed in the Grand Prize Winner’s
Entry, Sponsor reserves the right to award, in lieu of the corresponding
product, the equivalent of the retail value of the product stated online at
sears.com or kmart.com at the time the pair of Sunglasses is ordered by Sponsor
up to three hundred thousand (300,000) Shop Your Way points at its sole
discretion. The ARV of the three hundred thousand (300,000) Shop Your Way
points: $300. ARV of Grand Prize: up to $300.00. The ARV of the Grand
Prize is determined as of the date of the printing of these Official Rules. The
difference in value of prize as stated herein and value at time of prize
notification, if any, will not be awarded. Prize is non-transferable, is not
redeemable for cash, and no substitution will be made except as provided herein
at the Sponsor’s sole discretion. Sponsor reserves the right to
substitute the prize for one of equal or greater value if the designated prize
should become unavailable for any reason.
Grand Prize Winner acknowledges that Released Parties have not
made nor are in any manner responsible or liable for any warranty,
representation, or guarantee, express or implied, in fact or in law, relative
to any prize, including but not limited to its quality, mechanical condition or
fitness for a particular purpose. Any and all warranties and/or guarantees on a
prize (if any) are subject to the respective manufacturers’ terms
therefore, and winner agrees to look solely to such manufacturers for any such
warranty and/or guarantee.
Grand Prize is taxable income to the Grand Prize Winner and winner
will be responsible for all taxes and fees associated with prize receipt and/or
use. For any winner who
receives a total of prizes valued at $600 or more in any calendar year, winner
will receive a form IRS Form 1099-MISC in the following calendar year, which
effective for prizes won by Sears Associates as of August 1, 2017, includes
winners who are associates of Sears Holding Management Corporation or its
direct and indirect subsidiaries (“Sears Associates”).”
7. Release: By receipt of the Grand Prize, Grand Prize
Winner agrees to release and hold harmless Sponsor and its direct and indirect
subsidiaries, suppliers, distributors, advertising/promotion agencies, and
prize suppliers (if any) including each of their respective parent companies
and each such company’s officers, directors, employees and agents;
Facebook, Inc.; Twitter Inc.; and their parent, affiliated, and subsidiary
companies and each of their respective officers, directors, employees, partners,
agents, distributors, attorneys, dealers, representatives, shareholders,
members, managers, successors and assigns (collectively, the “Released
Parties”) from and against any claim or cause of action, including, but
not limited to, personal injury, death, or damage to or loss of property,
arising out of participation in the Sweepstakes or receipt or use or misuse of
any prize and/or use of the Content.
8. Publicity: Except where prohibited,
participation in the Sweepstakes constitutes the Grand Prize Winner’s consent
to Sponsor’s and its agents’ use of winner’s name, likeness,
photograph, voice, opinions and/or hometown, and state submitted (if any) for
promotional purposes in any media now known or hereinafter developed,
worldwide, without further payment or consideration. Grand Prize Winner’s
name and likeness may be published on Shop Your Way website, in Sponsor’s
sole discretion.
9. Ownership &
License: Providing Content grants
Sponsor and its agents the right to publish, use, adapt, edit and/or modify
such Content in any way, in any and all media, without limitation, and without
consideration to the entrant. By accepting the Grand Prize, Prize Winner agrees
that his or her Content will be deemed a Work Made For Hire under the Copyright
laws of the United States, but if it cannot be so deemed, then winner
irrevocably assigns and transfers to Sponsor all of his/her right, title and
interest in and to his/her Content, including all but not limited to all
copyright and trademark rights which he or she may have, in the United States
and worldwide, therein, for consideration, the receipt and sufficiency of which
is hereby acknowledged. Grand Prize
Winner hereby waives in favor of Sponsor, all rights of “Droit
Moral” or “Moral Rights of Authors” or any similar rights or
principles of law that winner may now or later have to their Content. Sponsor
reserves the right to alter, change or modify the winning Content, in its sole
discretion. Upon request of Sponsor, each winner shall execute and deliver such
additional instrument of assignment, as may be solely deemed by Sponsor,
reasonably necessary to establish the ownership of record of the right, title
and interest in and to the Content and of the copyrights transferred and
“Moral Rights of Authors” waived under these Official Rules. Should
Sponsor fail to request the said assignment as stated, that shall not be deemed
a waiver of Sponsor’s rights and Sponsor may at a later time request the
assignment.
10. General
Conditions: Sponsor
reserves the right to cancel, suspend and/or modify the Sweepstakes, or any
part of it, if any fraud, technical failures or any other factor beyond
Sponsor’s reasonable control impairs the integrity or proper functioning
of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor
reserves the right, in its sole discretion, to disqualify any individual it
finds to be tampering with the entry process or the operation of the
Sweepstakes or to be acting in violation of the Official Rules of this or any other
promotion or in an unsportsmanlike or disruptive manner. Any attempt by any
person to deliberately undermine the legitimate operation of the Sweepstakes
may be a violation of criminal and civil law, and, should such an attempt be
made, Sponsor reserves the right to seek damages from any such person to the
fullest extent permitted by law.
Sponsor’s failure to enforce any term of these Official Rules
shall not constitute a waiver of that provision.
11.Limitations of
Liability: The
Released Parties are not responsible for: (1) any incorrect or inaccurate
information, whether caused by entrants, printing errors or by any of the
equipment or programming associated with or utilized in the Sweepstakes; (2)
technical failures of any kind, including, but not limited to malfunctions,
interruptions, or disconnections in phone lines or network hardware or
software; (3) unauthorized human intervention in any part of the entry process
or the Sweepstakes; (4) technical or human error which may occur in the
administration of the Sweepstakes or the processing of entries; (5) late, lost,
undeliverable, damaged or stolen mail; or (6) any injury or damage to persons
or property which may be caused, directly or indirectly, in whole or in part,
from entrant’s participation in the Sweepstakes or receipt or use or
misuse of any prize. If for any
reason an entrant's entry is confirmed to have been erroneously deleted, lost,
or otherwise destroyed or corrupted, entrant’s sole remedy is another
entry in the Sweepstakes, if it is possible. If the Sweepstakes, or any part of
it, is discontinued for any reason, Sponsor, in its sole discretion, may elect
to hold a random drawing from among all eligible entries received up to the
date of discontinuance for the prizes offered herein. No more than the stated number of prizes
will be awarded. In the event that production, technical, seeding, programming or
any other reasons cause more than the stated number of prizes as set forth in
these Official Rules to be available and/or claimed, Sponsor reserves the right
to award only the stated number of prizes by a random drawing among all
legitimate, un-awarded, eligible prize claims.
12. Binding Arbitration: Any controversy or claim arising out
of or relating to this Sweepstakes shall be settled by binding arbitration in a
location determined by the arbitrator as set forth herein (provided that such
location is reasonably convenient for claimant), or at such other location as
may be mutually agreed upon by the parties, in accordance with the procedural
rules for commercial disputes set forth in the Comprehensive Arbitration Rules
and Procedures of JAMS (“JAMS Rules and Procedures”) then
prevailing, and judgment upon the award rendered by the arbitrator(s) may be
entered in any court having jurisdiction thereof. The arbitrator shall be
selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Illinois
law consistent with the Federal Arbitration Act and applicable statutes of
limitations, and shall honor claims of privilege recognized at law. In the
event that the claimant is able to demonstrate that the costs of arbitration
will be prohibitive as compared to the costs of litigation, Sponsor will pay as
much of the claimant’s filing and hearing fees in connection with the
arbitration as the arbitrator deems necessary to prevent the arbitration from
being cost-prohibitive. If any part of this arbitration provision is deemed to
be invalid, unenforceable or illegal (other than that claims will not be
arbitrated on a class or representative basis), or otherwise conflicts with the
rules and procedures established by JAMS, then the balance of this arbitration
provision shall remain in effect and shall be construed in accordance with its
terms as if the invalid, unenforceable, illegal or conflicting provision were
not contained herein. If, however, the portion that is deemed invalid,
unenforceable or illegal is that claims will not be arbitrated on a class or
representative basis, then the entirety of this arbitration provision shall be
null and void, and neither claimant nor Sponsor shall be entitled to arbitrate
their dispute. Upon filing a demand for arbitration, all parties to such
arbitration shall have the right of discovery, which discovery shall be
completed within sixty days after the demand for arbitration is made, unless
further extended by mutual agreement of the parties. THE
ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S
INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN
THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO
NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE
OFFICIAL RULES.
BY
PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT
PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF
ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED,
WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE,
WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS
AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED
(IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3)
UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR,
AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE,
INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER
DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE
DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE
LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES
ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO
EVERY ENTRANT.
13. Governing Law &
Jurisdiction: The Official
Rules and the Sweepstakes are governed by US law and are subject to all
applicable federal, state and local laws and regulations. All issues and
questions concerning the construction, validity, interpretation and
enforceability of the Sweepstakes Official Rules, or the rights and obligations
of Entrant and Sponsor in connection with the Sweepstakes, shall be governed
by, and construed in accordance with, the laws of the State of Illinois,
U.S.A., without giving effect to the conflict of laws rules thereof, and any
matters or proceedings which are not subject to arbitration as set forth in
Section 12 of these Official Rules and/or for entering any judgment on an
arbitration award, shall take place in the State of Illinois, in the City of Chicago.
14. Entrant's Personal Information: Information collected from entrants
is subject to Sponsor’s Privacy Policy found at http://www.shopyourway.com/privacy-policy.You understand that you are providing your
information to Sponsor and not to Facebook or Twitter.
15. Name of Winner: For a winners list, click See Winners. All requests must be
received within thirty (30) days of end date of the Sweepstakes. The name of the Grand Prize Winner will be posted
after winner confirmation and verification are complete.
This Sweepstakes is in no way sponsored,
endorsed or administered by, or associated with, Facebook or Twitter.